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Quitclaim deed considered a gift?

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Jen Guest	Posted: Sun Feb 13, 2011 8:24 pm    Post subject: Quitclaim deed considered a gift? Like 0 Dislike 0 My father in law just inherited his mom's house. He is ill and more than likely headed to a nursing home with the help of Medicaid. I want to know if my father in law quitclaims the property to my husband does that keep Medicaid from getting it. My husband would then sell it the house it is paid off (no mortgage) and put the money aside for his mom and her living expenses since she has been unemployed for a year. The house is valued around $50,000. Would this be considered a gift? I was told by Medicaid that they will check the last 5 years of my father in laws finances so I am not sure if this is the best option is if you have any suggestions I would appreciate it. Can we quitclaim the house directly from the deceased grandmother to my husband and bypass my father in law? Thank you!
adonis Joined: 22 Oct 2005 Posts: 10574 Location: ALASKA 1090.82 Dollars($)	Posted: Sun Feb 13, 2011 10:25 pm    Post subject: Like 0 Dislike 0 Welcome Jen, If your father-in-law quitclaims the property now, he will become ineligible for Medicaid benefits for the next 5 years as Medicaid has a look back period of 5 years in case of any property transfer. The deceased grandmother cannot quitclaim the property to your husband. Your husband can rather file an affidavit of heirship and get the property transferred in his name. _________________ Procrastination is the enemy of your financial success
Jen Guest	Posted: Fri Feb 18, 2011 8:49 pm    Post subject: Like 0 Dislike 0 Thanks that is what I thought but I wasn't sure. My father in law has been named the heir in the will and from what I know has ownership of the deceased grandmother's property. Can my husband still file this affidavit of heirship? I don't know anything about these. Thanks!
jameshogg Joined: 20 Dec 2005 Posts: 10477 Location: Nevada 990.06 Dollars($)	Posted: Sun Feb 20, 2011 10:41 pm    Post subject: Like 0 Dislike 0 Hi Jen, It will be better if you and your husband could contact an attorney and take his or her opinion in this matter. Thanks
Jill G Guest	Posted: Mon Mar 07, 2011 12:19 pm    Post subject: Quit Claim prior to bankruptcy Like 0 Dislike 0 I purchased a home for our daughterwith cash, who is considering filing bankruptcy. The deed is in her name. If she quit claims the deed back to me, will it protect our interest in the home?
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Mon Mar 07, 2011 11:18 pm    Post subject: Like 0 Dislike 0 Hi Jill! Welcome to forums! Your query has been replied to in the given page: http://www.mortgagefit.com/inprocess/about50153.html Take a look at it. Hope it helps you. Sussane
Leanette Guest	Posted: Fri Jan 13, 2012 8:21 pm    Post subject: Quitclaim Like 0 Dislike 0 My Boyfriends grandmother quitclaim a deed to a cottage (not primary home) for $1.00 12 years ago. He just sold it in 2011. Is this considered a gift since it was under FMV or does he have to pay taxes on the full amount he sold it for?
adonis Joined: 22 Oct 2005 Posts: 10574 Location: ALASKA 1090.82 Dollars($)	Posted: Sat Jan 14, 2012 12:59 am    Post subject: Like 0 Dislike 0 Hi Leanette, As a value is mentioned on the property deed, I don't think it will be considered as a gift. Moreover, the person giving the gift is liable for paying the gift taxes. So, your boyfriend won't be liable for paying a gift tax in any way. _________________ Procrastination is the enemy of your financial success

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